Please review some of the most common questions that we receive from clients as it relates to general personal injury claims in Florida. We will always take the time to answer any and every question that you may have at a meeting or over the telephone if you choose us to represent you in connection with your Florida personal injury claim, but these frequently asked questions will give you some general information about the topics we most often field questions from our clients on.
Under Florida law, you can recover a wide variety of damages for personal injuries suffered due to someone else’s fault. These include the medical expenses associated with any medical treatment you may have had to seek for your injuries as well as any lost income you have suffered as a result of the other person’s or party’s negligence. (You are entitled under Florida law to recover for past, present and future medical expenses and lost income which stem from your injuries). You are also permitted to recover for any past, present and future pain and suffering your injuries may have caused you.
Yes. Your spouse can recover for a variety of damages, including any lost support and services he or she has suffered as a result of your injuries, such as if you personally used to clean your house and mow the lawn every Saturday but now your family has had to hire a lawn service and cleaning service to perform those functions. Your spouse would be able to recover for the amounts it costs to hire those two services and also would be entitled to pursue a claim for loss of consortium, which is a legal term for the normal benefits that a married couple would enjoy that you and your spouse may no longer be able to engage in due to your injuries. Your children and/or dependents would also be entitled to recover for any lost support and services they may have suffered as a result of your injuries.
In Florida, the statute of limitations, or the period within which you must file any lawsuit related to a claim for personal injuries, is four years. Therefore, it is important that you contact an experienced personal injury lawyer as soon as possible after you have been injured by someone else’s negligence.
You have a constitutional right of access to the courts and to file a lawsuit and seek compensation for your injuries from the responsible party. Most times, you will be up against an insurance company that has much greater resources than you. However, do not despair because, as your lawyers, we will pay the expenses associated with filing your lawsuit and pursuing your personal injury claim until either a settlement or jury verdict in your favor. You are not responsible for paying any of those expenses until the case either settles or we obtain a favorable jury verdict for you, at which point those expenses and our attorney’s fees will be deducted from any settlement or jury verdict in your favor. If your case does not settle or you do not receive a favorable jury verdict, you will not be responsible for any of the expenses associated with your case.
Every case is unique. Therefore, it is impossible to predict what the chances of winning any individual case are. However, we make it a point to be honest with all of our clients as to the potential value as well as the strengths and weaknesses of their cases. We will therefore be 100% honest with you if we think there are potential problems in your case or if we think you should accept a settlement offer from the other party or their insurer.
No. We will always advise you as to whether we believe a settlement offer is in your best interests or not, but you always make the final decision on any settlement offer which may be made to you in connection with your personal injury claim.
Again, every case is unique and some cases take longer than others to resolve. However, some factors that can affect how long a case takes to resolve are the severity and nature of the injuries suffered as well as the particular insurance company which may be involved on the other side of the case. Some insurance companies are more willing to discuss early settlement of a claim than others, and so the particular insurance company involved in your case may have an effect on how quickly your personal injury case may take to resolve.